Moving from Cyprus to Spain-Filipina wife.

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21 Oct 2015 14:24 by Kalbo Star rating in Paphos, Cyprus.. 1 posts Send private message

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I am planning to move to Alicante region early next year. I am British and my wife is from the Philippines.We have been   living in Cyprus, since we moved from the Philippines two years ago. My wife and I both have 'residency cards' in Cyprus and both have been paying taxes and social Insurance here.When we moved from the Philippines, my wife required a visa to enter Cyprus, but after three months I registered with immigration and provided a 'certified' copy of our mariage certificate, so they issued residency cards to us both. I understand that under EU Directive 2004/38  'freedom of movement', because my wife already has residency in a EU country, she can travel with me to Spain, without needing any visa. She only requires her Passport/Mariage Certificate/EU Residency card and that she can remain in Spain for upto ninety days. I have had this confirmed by the Spanish Consulate in Cyprus. Obviously, we intend relocating there, so will need to register with either the Police or Immigration after three months. Although this is simple enough for me, I am wondering whether it is as simple for my wife? Would she be permitted simply to register as the non-EU wife of a EU citizen with me? I am hoping the the same rule will apply to us both.Has anybody been in a similar position and maybe able to confirm how we would do this? I have seen some posts where non-EU spouses have travelled to Spain on a visa, but obviously this is not the case for my wife. Thanks for any help or advice you can give. 



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21 Oct 2015 23:43 by MikeandHelen Star rating. 182 posts Send private message

Kalbo,

My nephew is British and has an Amerian wife. Getting into the UK was causing grief due to her US passport, particularily as they live in Valencia. She now has a Spanish ID card to travel to the UK on it and had no problems with obtaining the residence permit in Spain so I guess the same rules will apply to your wife and there will be no problems. Apart from dealing with the beaurocrats. 

Mike.  





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22 Oct 2015 09:49 by johnzx Star rating in Spain. 5247 posts Send private message

 

 

Kalbo.  I would suggest the best place to answer your question is theSpanish consulate in Cyprus.

 

Mike and Jean.  My nephew is British and has an Amerian wife. Getting into the UK was causing grief due to her US passport, particularily as they live in Valencia. She now has a Spanish ID card to travel to the UK on it and so I guess the same rules will apply to your wife and there will be no problems. Apart from dealing with the beaurocrats. 

 

Sorry but I am confused about this reply:-

A USA national I believe can visit UK without a visa, so your wife having a  ‘Spanish ID card’ as you call it, although I think you mean Residencia, does not affect that,  as she would travel as  USA national, thus I believe her status as Resident in Spain is irrelevant.

I believe , “had no problems with obtaining the residence permit in Spain”  is nowhere near as simple as that may imply. She would still have to follow the same procedure as any other citizen from outside the EU. 

Traveling to UK using one’s ‘Residencia’ status  in an EU country is not always as straightforward as you imply, even following the ECC finding in the McCarthy case :-(http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-12/cp140182en.pdf)

My wife is Filipino, resident in Spain for coming on 10 years,  and BA will still not let her board a flight to UK without a visa.





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22 Oct 2015 12:28 by MikeandHelen Star rating. 182 posts Send private message

Firstly I am talking about my nephew, a british citizen who lives in Valencia. He has been with his partner for several years and they married 2 years ago.

As a US citizen she had problems coming to the UK (which she did regularily) at Immigration, even though as a US citizen she did not have to get a visitor's Visa, the border farce were more difficult with her accusing her of wanting to reside in the UK, well yes eventually if/when her husband relocates home to the UK.

My wife's nephew now has no problems in coming to the UK on a Spanish ID, which she obtained as the wife of an EU Citizen. Not being in the Shengen agreement, the UK has stricter rules on spouses which are well documented.

Not as simple as you think it would be, and BA are almost certainly wrong in denying boarding to an EU resident flying to the UK?   

All that I am saying to Kalbo is that with you being an EU Citizen the circumstances are similar to my nephew and also to Johnzx, then the Spanish rules should be OK. 

Mike.





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22 Oct 2015 13:14 by johnzx Star rating in Spain. 5247 posts Send private message

Mike:    My wife's nephew now has no problems in coming to the UK on a Spanish ID, which she obtained as the wife of an EU Citizen.

The Spanish ID you refer to,   is that the Residencia  (which  all non EU citizens must have to reside in Spain) ?    if so one cannot travel to UK on that.   One must have a valid passport.





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22 Oct 2015 15:56 by MikeandHelen Star rating. 182 posts Send private message

Johnzx,

Yes, she has a valid US passport but does not produce it as she shows her spanish Id/ residencia which gets her through immigration.

Fly Ryanair.  

See https://www.gov.uk/uk-border-control/before-you-leave-for-the-uk 

If you're resident in the EU.

"You can enter the UK with either a valid passport or a national identity card issued by a EEA country."

 

 


This message was last edited by MikeandHelen on 22/10/2015.



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